UDAYA CHANDRA PANDA AND ORS. Vs. STATE OF ORISSA REPRESENTED THROUGH THE SECRETARY, INDUSTRIES DEPARTMENT AND ANR.

JUDGEMENT

(1.) THE Petitioners, who are members of the Orissa Industries Service Class I (Junior Grade), have filed this writ application under Articles 226 & 227 of the Constitution of India assailing the induction of opposite party No. 2 into the Orissa Industries Service, Class 1 (Junior Grade) and her posting in a post borne on the Class -1 Junior Grade as per Annexure -3.

(2.) A set of rules were framed in 1971 regulating recruitment to the posts in and the conditions of service of persons appointed to the Orissa. Industries Service called the "Orissa Industries Service Rules, 1971" (for short, 'the Rules'). The cadre of the service consists of two branches, namely, Class I and Class II, the former comprising of two grades, namely, Senior Grade and Junior Grade. The senior grade includes joint Directors and Officers of equivalent status as may be declared by Government from time to time and the Junior Grade includes posts of Deputy Directors, Senior Lecturers in Engineering Schools and such other posts as may be declared by Government from time to time to be of equivalent status. Post of Principals of Engineering Schools and Polytechnics which carry a special scale of pay are also included in the. Junior Grade, vide Rule 3(1)(ii) of the Rules. The method of recruitment to the service is provided in Rule 4 and it reads as under:

(3.) IN the return submitted the opposite party No. 1 has taken the stand that having regard to the office opposite party No. 2 was holding and the scale of pay she was enjoying when S.K.D.A.V. Polytechnic was taken over, the State Government created a post of Principal in Class I of the Orissa Industries Service in the scale of Rs. 800 -1250/ - for the S.K.D.A.V. Polytechnic for women at Rourkela from 1 -4 -1974 and opposite party No. 2 was provisionally appointed as the Principal in Class I Service for a period of six months by notification No. 15020.1 dated 11 -6 -1974 pending concurrence of the Orissa Public Service Commission. Concurrence was received under Annexure -B dated 16 -9 -1975 and she was allowed to continue as Principal of S.K.D.A.V. Polytechnic in Class I of the Orissa Industries Service by notification dated 29 -9 -1975 (See Annexure -C). As services of incumbents in Class I posts are inter -changeable, there is nothing wrong in posting opposite party No. 2 as Special Officer, Planning and Design Cell, Industries Department, which is also a post in the Junior Grade of Class I Service of Orissa Industries Service.